The article also takes upa comparative analysis of the protection offered to owners and to hypothecary creditors by the Torrens system and that offered by acquisitive prescriptinn, which plays a fundamental role in Quebec, and by title insurance, winch is very popular in the Unitad States and which could equaUy be implemented in Quebec without major changes.

Failure to cause the transfer of title to the land or condominium unit in the OFW's name under the Torrens system may cause conflicts of title to real estate and will not prevent innocent third persons to whom said real property may be fraudulently sold from claiming their ownership thereto.

106) Although retaining elements of the doctrine of notice might "inspire some apoplexy on the part of ardent advocates of the Torrens system," he wrote, "when the consequences of a rigid application of the Torrens System are carefully considered, as they have been by the Courts of this Province, they are found to deviate substantially from the objectives of common morality which have traditionally been embodied in all equitable principles.

This article argues that, although the Torrens system may be underpinned by competing fundamental philosophies, these are no more apparent, nor any more difficult to reconcile, in eases involving Barnes v Addy claims than in cases involving claims of other types.

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